Teaching illegal kindergarten as a marriage ARC holder? What happens if caught?

Would the same thoughts apply to APRC holders?

Does anybody have any experience with this? Or are there any written rules or laws regarding this?

The Statute for Preschool Educators

Article 26

Preschools shall not employ preschool educators through dispatch employment.
Personnel without educare certificates or credentials shall not be allowed to work as preschool educators.
Preschool educators shall be prohibited to offer or lend educare certificates or credentials to others.

Article 35

Persons for whom any of the following statements is true shall be subject to a fine of not less than 6,000 New Taiwan Dollars and not more than 30,000 New Taiwan Dollars, and may be fined consecutively per violation:

  1. Those that violate Paragraph 2 of Article 26 by engaging in educare services without educare certificates or credentials.
  2. Those that violate Paragraph 3 of Article 26 by providing or lending educare certificates or credentials of preschool educators to others for use.
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That doesn’t mention teaching a foreign language does it?

Situation is like this:

  • School is registered as a cram school
  • teaching kindergarten and cram school
  • 4 hours kindy, 2.5 hours cram each day

I have regular work visa, but my friend who has a marriage arc is curious about what would happen to him

my guess is NIA just care if foreigners have proper work permits or work right.

MOE would care if teachers have proper credentials rather than what they teach.

So, there is no registered kindergarten, but just a cram school?

Fyi

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It’s registered a cram school, but is actually a kindy and a cram school. More kids in the kindy than in the cram school, and we have more kindy hours than cram school hours, twice as many.

It’s probably registered as two separate businesses side by side or on separate floors. Your work permit probably only has one employer and address on it. If questioned, they will probably say it doesn’t matter because the same company or person owns both. That would be an absolute lie (the MOL/WDA has stated the opposite in writing), but it seems to get repeated so often that people actually believe it.

iirc, tree house academy is a buxiban.

It’s possible that OP’s employer is a 100% buxiban, but when I hear

a kindy and a cram school

I picture two businesses that are presented to the public, students and staff as a single operation but presented to inspectors as separate entities. There may be two doors, but normally only one of them is used, and so on.

in the case of tree house, they are presented to the public as separate entities, but a single operation to authorities. And, Taipei government decided to say the “kinder” is a buxiban as registered.

So back to my friends original question, what would happen to him as a marriage ARC holder if he is taught teaching Kindy?

Your friend would be fined if it is a kinder, unless he has a educare certificate. If it is a buxiban, nothing may happen.

Nobody really knows as we can only know when it actually happens to someone and they report what the consequence was.

I will say he could face anything from fines to possible deportation…but the deportation is highly unlikely as his reason for residence is tied to his wife through his JFRV. If it were anything but a JFRV he could lose his right to stay here. Even an APRC could be revoked for abusing the system here.

Best advice, just don’t do it. There are other options out there, especially for JFRV and APRC holders.

On what legal basis?

How?

True. :2cents:

I am also curious how he could be deported. I was under the impression that a marriage ARC/APRC holder can only be deported if they are sentenced to more than two years in prison. How true is this? Teaching kindergarten without a license surely wouldn’t get that long in prison, probably just a large fine or a warning.

Afaik it wouldn’t get a person with open work rights any time in prison because it would be an administrative matter, not a criminal one. Unless the teacher somehow committed fraud, that is.

Unless I’m mistaken Article 35 onwards shows the consecutive fines an unqualified JFRV holder could receive if caught teaching kindergarten.

For some reason I have it in my head that the consecutive fines tot up to 180k, but I can’t remember why I have that figure in my head.

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I don’t think there’s any limit to the number of times they can fine the teacher, but it would still be administrative matter if I’m not mistaken.

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Hopefully the nonsense will end soon. No reason to deny children the opportunity to learn English more intensively from a young age, especially when it’s legal for cram schools to teach them.